Shapiro Mediation LLC - FAQ's
Divorce mediation allows you to control the scales of justice. We can help you save time and money.
Frequently Asked Question's
What types of disputes can be resolved? Any dispute that arises between two or more individuals or entities can be mediated. Divorce mediation can be especially effective when the issues are complex or when there is a high level of emotion surrounding the dispute.
What can I expect in a divorce mediation session? All parties participate in the divorce mediation session. Divorce mediation is not a process to determine guilt or innocence. The mediator assists the parties in clearly defining the issues in dispute, guides the communication process, helps participants resolve misunderstandings, walks the participants through exploring options and facilitates an outcome which meets the specific interests of the parties involved. Individuals are given the power to articulate their expectations and interests and craft a solution which directly meets these interests.
What is the mediator role? The mediator is an impartial third party with conflict resolution training and skills who assists people during the process of arriving at a mutually agreeable solution. In contrast to the traditional adversarial approach where a judge or arbitrator holds an evidentiary hearing, listens to the cases prepared by each party's counsel and makes a judgment - in divorce mediation, the mediator acts as a catalyst, helping to create possible solutions on which the parties can agree, facilitating the parties' negotiations and assisting in developing a written document.
What is the focus of divorce mediation? Although fact-finding to determine the origin of a dispute is an important part of the process, divorce mediation tends to focus on moving forward, resolving the dispute and constructing a foundation for any future relationship between the parties.
Do I need an attorney? Legal representation is not required. The language used in divorce mediation is normal everyday language. You may want to contact a divorce mediation friendly attorney after the process is over and have them review your Memorandum of Understanding.
Does divorce mediation work? Yes. The divorce mediation process recognizes that each party and dispute brings unique interests and characteristics. The flexibility of the process allows participants to explore interests at stake, and, where necessary, the underlying sources of conflict. In divorce mediation, the parties consider a wider breadth of possible outcomes than is available in a court of law. Any solution is possible in divorce mediation. Because decisions are made by the participants, they retain ultimate control of the process and outcome.
Are divorce mediation agreements legally binding? A mediated agreement is usually expressed in a written document outlining the solution crafted by the parties. For this reason, performance under mediated agreements is generally high. If the parties choose, they can include a statement making this agreement enforceable at law.
How long does divorce mediation take? Many disputes can be resolved in a single session lasting only a few hours. More complex matters such as divorce and child custody may require several sessions. The divorce mediation process can generally be completed within hours, into weeks or months depending on the complexity of the dispute.
What if my husband and I decide child custody but we only need to work out the financial part? Yes you can just bring only one topic to the table. At Shapiro divorce mediation we will assist you both in coming to a resolution you both can live with on the financial issue.
What if latter after the kid get older we have different issues that we did not consider or because of a change in circumstances? Yes you can come back and modify your Memorandum of Understanding without any problems from the court because the decision was your to begin with. You just need to set up an appointment with us at Shapiro divorce mediation and we will meet with you both and then file a new Memorandum of Understanding with the courts.
What if one of the other parties does not want to go to divorce mediation? Have the other person read this web site and let them know that this is far less expensive than any other option. They will be able to control their own outcome. If after the first appointment they are not happy they do not need to continue with divorce mediation. Have them call our office and one of our mediators will contact them to answer any question and concerns they may have.
My wife and I own a family business and now we are getting a divorce but because of economic circumstance we still need to work together? Here at Shapiro Mediation we will help you come to a resolution you both can live with. Both of you will walk away feeling you where treated fairly. This too can be added to your Divorce Decree.
My spouse comes from a wealthy family and I don't want our child to be spoiled. What can I do? This is the beauty of divorce mediation we had a client that limited the amount of money they could give to the children, they came up with $200 limit on all gift to the minor children unless they previously discussed it. This was added to the Memorandum of Understanding that was attached to their Divorce Decree. In divorce mediation you can add things that would be in the best interest of the children that the court would not want to be bothered with, such as how do we introduce new relationship to our children; this can be discussed in divorce mediation.